Does Lindsay Lohan Have a Case Against E*Trade?

By PopEater Staff Posted Mar 12th 2010 09:09AM

Lindsay Lohan's case against E*Trade is heating up, with both sides trading barbs, denials and accusations over a TV ad about a "milk-a-holic" baby named Lindsay. Since being filed in New York on Monday, the lawsuit has raised more than a few eyebrows. Stephanie Ovadia, Lohan's lawyer at the forefront of the lawsuit, tells PopEater that skeptics need to look at the "totality of the commercial, taking into account name and characterization."

If you really want to know when E*Trade (or its ad agency, Grey Group) turned the corner and decided to model the boyfriend-stealing baby after Lohan, Ovadia asserts, all you need to do is look at the ad's script. "This script is a very important piece," she tells us. "Because, slowly, all of the pieces are fitting together to make one complete picture."

That "piece" of the puzzle emerged this week via Esquire magazine, which happened to be embedded with Grey while they were crafting the baby ads. In the original script, dated Aug. 11 of last year, the "other woman/baby" character was named Deborah. In an updated draft six weeks later, the "bimbus" (which was eventually changed to "milk-a-holic") was changed to Lindsay. Adding confusion to the mix, the name Deborah was still referred to later in the script, but scratched out for the new name. Check it out:

The document also includes notes and ideas from copywriters on alternate ways to describe the Lindsay character. Before choosing "milk-a-holic" over "bimbus," copywriters were also throwing around "gutter hound," "rug burn" and "skanky cake."

As we previously reported, Lohan is suing the company for $100 million, insisting they modeled the baby after her. Ovadia insists that because of her stardom, Lohan now has single-name recognition among the general public.

In Esquire, Ovadia asserts that "though Lindsay is a popular girl's name, when you say it on television for advertising purposes, it's identifiable as Lindsay Lohan."

Lohan's mom, Dina, agrees, telling the Post that "everyone knows Lindsay, like Cher or Madonna."

Grey Group argues that Lindsay is a popular baby name these days and hinted that the milk-a-holic may have been named after someone working on the spot, also named Lindsay.

Lohan believes that under New York state law, E*Trade was supposed to ask for her approval before using the name. They want the TV spot off the air and want $50 million in exemplary damages and another $50 million in compensatory damages.

On Thursday, E*Trade issued a statement slamming Lohan's claims as "without merit" and vowing to "defend ourselves vigorously in this case." They say they were simply trying to be "witty and memorable" with the ad. Watch It:

Tags: lindsay lohan

Comments

(141)

Friday 12 March

By xxazzy

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Ridiculous!.

Why does she have such an ego? Only thing I've ever seen her in was one Garrison Keiler show and that was just a small part!

I do see her on magazines at the supermarket but it's mostly the latest gossip on her train wreck life!

By bcody1944

Good grief!

By Celtrebel

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What a stupid, stupid, stupid waste of time and money. The lawyers in this should be disbarred for wasting everyone's time just filing this. This world has REAL issuses . . . incase you haven't been paying attention . . . there are 2 wars, economy in the dumper, lack of health care, I could go on. This ignorant self-centered broad needs to get a life.

By Lindi

she should be in rehap, her mind is already gone from the drugs as she thinks we feel her important enough to think she is "the Lindsey" no, no, she is the BIATCH who has spent her money on booze and drugs and danced and laid with DJ's, she needs to be locked up into REHAP!!!! Key thrown away.... she holds no human worthiness, no purpose, no substance, just a wothless biatch.

By Kelly

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Yeah Lohan has a case alright, a case of desperately needing money before she finds herself behind a checkout register scanning groceries. Her movie career is over unless there's a "The Parent Trap 2." Find yourself a sugar daddy kiddo before you end up like Corey Haim or David Carradine.

By ED

Ok even after reading the article I didn't equate that advetisement to Lindsay Lohan. Guess her case is that she has caused the name Lindsay to be associated with bad behavior. Maybe everyone else named Lindsay should bring a law suit against her.

By Samantha

NO CASE! If she thinks she has a patent on Milkaholic, then I want in on the action; has been my motto, & family used it on me, since I was about 2, I'm now 73. I drank no less than a gallon of milk daily; alas, I'm a 'Milkaholic.'
She's been a thorn in the public eye for way too long. I see nothing but heartache & ill will for her in the very near future.

By DWC

This twit is pathetic..I think her acting days are over and she needs to find another way to make a living and take care of her drug and alcohol habit. Hey Lindsay..Mabye the "Bunny Ranch" is hiring...You've put out for less so why not get paid to get laid.

By vicki

When I saw this ad, my first thought wasn't "whoa, they're slamming Lohan!". It was "wow, they finally did an E-Trade ad I liked!" I think that's pretty vain of her to think it's all about her - of course, she hasn't been in the news much the past couple weeks so I guess she has to stir up something. . .

By Jay

Hey, It got her some attention didn't it. Face it it's the only headline she had in months that wasn't because she did something stupid. Oh wait, suing an ad for using a name... That was stupid. Cancel my earlier statement.

By larry

In a place(Hollywood)known for producing self centered rancid douche bags she just may be the Queen of them all.

By lynn murray

the ad is very funny and LL needs to get over herself

By RAS

This is a money grubbing attorney looking to make a name for herself by representing a dumb no talent broad like Lohan. I hope this gets tossed fast and etrade goes after Lohan for damages.

By flo flo

How stupid can she be. oh wait its the years of drugs and drinking. She has lost her 15 mins of fame and wants it back.
I love the E*Trade baby adds more than Lindsey spoiled brat

By Jeff Trenkle

If it was Lindsay Lohan, wouldn't she be at the baby girl's home?

It just shows that she must not expect to sign any contracts with anyone any time soon.

By Marilyn

This lawsuit is so ridiculous. She and her lawyer should be penalized for wasting time and money on such a frivolous lawsuit. I would never think of Lindsay Lohan when hearing the name Lindsay. Rarely is her name mentioned without her last name attached. Based on what I have read about her lifestyle and antics, maybe everyone named Lindsay should consider sueing her for deflamation of character. She seems to be getting some really bad advice from someone.

By sandy-jack

The minute I saw this ad, sadly, I knew right away what they were saying. I hope that Lindsey will clean up her act and get back on track. My God, she's only 23 years old.

By Carl

E*Trade should file a nuisance suit.

By Jules

that girl needs a reality check, Just be cause that baby's name is Lindsey she thinks she can file a law suit, Well what about the million of other Lindsey's out there. Maybe they should all file suit against etrade. Get a real life girl friend there are worse things going on in this world, what no one want's to hire the drunkin drug addict bimbo

By rex

the only way she wins this suit is if the judge is in for a piece
of the action

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